Digitalization has transformed the way in which we obtain access to copyright-protected content and for how long we can preserve access. Traditionally, the purchase of the tangible copy of a work afforded the buyer or every lawful acquirer of the tangible copy the possibility to enjoy the work as long as the physical object incorporating…
Welcome back for the second part of the C-590/23 Pelham II hearing commentary. In part one (here), we covered the interpretation of pastiche. However, a very interesting topic arose in the Court’s pre-emptive questions, and during the oral questions: the interaction of “pastiche” with Article 17 CDSM Directive. This was not originally part of the…
On 14 January 2025, the Court of Justice of the European Union (CJEU) heard oral arguments in the much-anticipated case C-590/23 Pelham II, where the German Federal Court submitted a request for preliminary ruling on the interpretation of “pastiche”. The purpose was to ascertain whether a two-second sample from a phonogram could fall under the…
Background This blog post follows a previous post that discussed what constitutes “open source” AI, in particular in light of the EU AI Act. This post continues the discussion, in particular in light of the revision of the Open Source AI Definition (“OSAID”) released at the end of 2024, a welcome step in clarifying and…
The European Copyright Society (ECS) has published its Opinion on copyright and generative AI. The Executive Summary is reproduced below and the full Opinion is available here and here. Executive Summary The ECS considers that the current development of generative artificial intelligence (AI), under the regulatory framework set up by the Directive on Copyright…
Following the successful launch of the Information Law Series Archive in September 2024, ten more volumes have been made freely available on the IViR website. These include the groundbreaking and much-cited dissertations by Martin Senftleben on copyright and the three-step test, Mireille van Eechoud on applicable law in copyright, and Ashwin van Rooijen on software…
As we enter a new year, we would like to take this opportunity to pass on our best wishes for 2025 to all of our readers, as well as reflect on developments in copyright over the past year. Last year was another busy one in the copyright world, with an increasing focus on the relationship…
Introduction The 2019 Copyright in the Digital Single Market (DSM) Directive is a complex legislative text that raises several questions of legal interpretation. Increasingly, these questions are making their way to national courts. A recent example is the Dutch case ruled upon by the Amsterdam District Court (“the court”) on 30 October 2024. The plaintiffs…
Now that 2024 is behind us, it’s time to report on the fourth trimester. Here is our final roundup of that AI-rich year. This post marks the fourth year of running this series on our blog. In it, we provide updates on key developments in EU copyright law from October to December 2024, covering everything…
Ministers from six European countries (Belgium, Denmark, Finland, France, The Netherlands and Sweden) have written a joint letter to the European Commission regarding the need for a legislative proposal on rules and boundaries of international application of EU law on copyright and neighbouring rights. The English version of the letter is available here. The letter…
